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6. (1) Subject to paragraph (2), a party may be represented by any person appointed by the party.
(2) The following may not act as a representative—
(a)any person who is detained or is liable to be detained under the Mental Health Act 1983(1);
(b)any person serving a sentence of imprisonment;
(c)any person who is on licence having been released from a sentence of imprisonment; or
(d)any person with a conviction for an offence which remains unspent under the Rehabilitation of Offenders Act 1974(2).
(3) Within 5 weeks of a case being referred to the Board, a party shall notify the Board and the other party of the name, address and occupation of any person appointed to act as their representative.
(4) Where a prisoner does not appoint a person to act as their representative, the Board may, with the prisoner’s agreement, appoint a person to do so.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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